David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date of the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA) draws near. He also addresses the longer-term impacts that other political and technological developments will have on foreign surveillance.

Nathan Sales poses the question whether technology could have played a preventative role in the recent wave of security leaks. He first reviews the existing legal frameworks for adjudicating cases of criminal security leaks, and he finds only limited utility in these paradigms. He then proposes a technological supplement to these frameworks, an alternative he finds useful only for select categories of leaks.

Law Enforcement as a Counterterrorism ToolIn January 2011, Congress enacted legislation prohibiting the use offederal funds to transfer to the United States any individuals currentlydetained at Guantánamo Bay, Cuba. Among ...3,748 views | by David S. Kris | posted on 06/26/2011